Church of Scotland (Property and Endowments) Amendment Act 1933

11 Vesting of glebe feu-duties, and c

(1) Where the General Trustees or the minister of any parish is entitled to receive payment of any feu-duties or rents in respect of the glebe of the parish, or the income of any Government or other securities or investments representing the price or consideration received in respect of the sale of the glebe or part thereof "or of any right therein, including any rents or royalties received in respect of or under any lease or agreement applicable to any minerals underlying such glebe or part thereof or of any mineral wayleaves, such feu-duties, rents, royalties, or income shall be deemed to vest de die in diem any law or practice to the contrary notwithstanding, and neither the widow nor any other representative of such minister shall have any claim thereto after his death in name of Ann.

(2) This section shall not take effect until all rights in or in relation to the glebe specified in section thirty of the principal Act shall have been transferred to the General Trustees in accordance with the provisions of that Act, and, except in the case of a benefice which is or was actually vacant at the date of such transfer, unless and until a vacancy in the benefice occurring after that date shall have been filled :

Provided however that the minister being the incumbent of the benefice at the date of such transfer, or, where an assistant and successor has been appointed to such minister, either the minister or the assistant and successor, with the consent of the assistant and successor or of the minister (as the case may be) or, failing such consent, with the authority of the presbytery, may elect, by intimation in writing addressed to the General Trustees, that the provisions of this section shall take effect as if a vacancy in the benefice had occurred, and in such case the benefice shall, for the purposes of this section, be deemed to have become vacant as at the date of the said intimation.